Case Summary
The Plaintiff is Bank of Baroda, which loaned money to the 1st defendant and her late father. The defendants defaulted on the loan repayment despite acknowledging the liability.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize a sum of Rs.4,48,619.56 and specified interest from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit and ordered the defendants to pay the plaintiff a total of Rs.4,48,619.56 along with interest.
Why Plaintiff Won:
The unrebutted oral testimony and evidence established the plaintiff's claim.
The unrebutted oral testimony and evidence established the plaintiff's claim.
Losing Side's Weaknesses:
The unrebutted oral testimony and evidence established the plaintiff's claim.
The unrebutted oral testimony and evidence established the plaintiff's claim.
Supporting Evidence
The unrebutted oral testimony of PW1 and A1 to A13 established his case as pleaded by him.
Judgment Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize a sum of Rs.4,48,619.56 from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bank of Baroda
- Relation
- represented by its Manager
- Party Role
- Defendant
- Party Name
- Fathimath Fida
- Party Age
- 27
- Party Role
- Defendant
- Party Name
- Abdul Kareem
- Party Age
- 87
- Party Role
- Defendant
- Party Name
- Zuharabi
- Party Age
- 77
- Party Role
- Defendant
- Party Name
- Thahira Ashraf
- Party Age
- 48
- Party Role
- Defendant
- Party Name
- Aysha Nida
- Party Age
- 22
Plaintiffs Documents
Original sanction letter dated 28.05.2015, Original articles of agreement dated 28.05.2015, Original of letter of acknowledgment of liability dated 22.03.2018
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Santhosh G. Prabhu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswathy A.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Deepa N.U
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to realize a sum of Rs.4,48,619.56 from the defendants.
Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize a sum of Rs.4,48,619.56 (Rupees Four lakhs forty eight thousand six hundred and nineteen and five six paisa only) from the defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Interest at 12% per annum on the amount from the date of suit till the date of decree.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.4,48,619.56 (Rupees Four lakhs forty eight thousand six hundred and nineteen and five six paisa only) from the date of suit till date decree from the defendants.
Relief Type:
Recovery
Outcome:
Granted
Description:
Interest at 6% per annum on the amount from the date of decree till realization.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.4,48,619.56 (Rupees Four lakhs forty eight thousand six hundred and nineteen and five six paisa only) from date of decree till date of realization from the defendants.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to realize costs of the suit from the defendants.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Original Sanction letter
Submitted By:
Plaintiff
Relevance:
Executed by the 1st defendant for the Education loan.
Reference:
Ext.A1
Document Type:
Original articles of agreement
Submitted By:
Plaintiff
Relevance:
Executed by defendant No. 1 regarding the loan.
Reference:
Ext.A2
Document Type:
Original of letter of acknowledgment of liability
Submitted By:
Plaintiff
Relevance:
Acknowledgment of the loan liability dated 22.03.2018.
Reference:
Ext.A3
Document Type:
Original letter of acknowledgment
Submitted By:
Plaintiff
Relevance:
Acknowledgment dated 06.08.2019 regarding the loan.
Reference:
Ext.A5
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendants regarding the loan.
Reference:
Ext.A6
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
Another notice sent to the defendants regarding the loan.
Reference:
Ext.A7
Document Type:
Postal receipts original
Submitted By:
Plaintiff
Relevance:
Proof of sending notices to the defendants.
Reference:
Ext.A8 series
Document Type:
Original postal receipts
Submitted By:
Plaintiff
Relevance:
Evidence of postal deliveries.
Reference:
Ext.A9 series
Document Type:
Original acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card addressed to the 1st defendant.
Reference:
Ext.A10
Document Type:
Original acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card addressed to defendant No. 7.
Reference:
Ext.A11
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Detailed statement of account from 28.05.2015 to 24.01.2023.
Reference:
Ext.A12
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Electronic copy of the death certificate of A.K. Mohammed Ashraf.
Reference:
Ext.A13
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Testimony from PW1, the Branch Manager of the plaintiff bank.
Reference:
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Bank of Baroda vs Fathimath Fida et al regarding realization of money
Case Code Year
Case between Bank of Baroda vs Fathimath Fida et al regarding realization of money